2011 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 223 - WITNESSES AND EVIDENCE (§§ 3481 - 3512)
Section 3486 - Administrative subpoenas
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE Sec. 3486 - Administrative subpoenas |
Contains | section 3486 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-191, title II, §248(a), Aug. 21, 1996, 110 Stat. 2018; amended Pub. L. 105-277, div. A, §101(b) [title I, §122], Oct. 21, 1998, 112 Stat. 2681-50, 2681-72; Pub. L. 105-314, title VI, §606(a)(1), Oct. 30, 1998, 112 Stat. 2984; Pub. L. 106-544, §5(a), (b)(1), (c), Dec. 19, 2000, 114 Stat. 2716, 2718; Pub. L. 108-21, title V, §509, Apr. 30, 2003, 117 Stat. 684; Pub. L. 110-457, title II, §224(b), Dec. 23, 2008, 122 Stat. 5072. |
Statutes at Large References | 62 Stat. 833 68 Stat. 745 79 Stat. 581 84 Stat. 930 110 Stat. 2018 112 Stat. 2681-50, 2984 114 Stat. 2716 117 Stat. 684 122 Stat. 5072 |
Public Law References | Public Law 89-141, Public Law 91-452, Public Law 104-191, Public Law 105-277, Public Law 105-314, Public Law 106-544, Public Law 108-21, Public Law 110-457 |
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(a)
(i)(I) a Federal health care offense; or (II) a Federal offense involving the sexual exploitation or abuse of children, the Attorney General; or
(ii) an offense under section 871 or 879, or a threat against a person protected by the United States Secret Service under paragraph (5) or (6) of section 3056,1 if the Director of the Secret Service determines that the threat constituting the offense or the threat against the person protected is imminent, the Secretary of the Treasury,
may issue in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph (B).
(B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may require—
(i) the production of any records or other things relevant to the investigation; and
(ii) testimony by the custodian of the things required to be produced concerning the production and authenticity of those things.
(C) A subpoena issued under subparagraph (A) with respect to a provider of electronic communication service or remote computing service, in an investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond—
(i) requiring that provider to disclose the information specified in section 2703(c)(2), which may be relevant to an authorized law enforcement inquiry; or
(ii) requiring a custodian of the records of that provider to give testimony concerning the production and authentication of such records or information.
(D) As used in this paragraph, the term “Federal offense involving the sexual exploitation or abuse of children” means an offense under section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years.
(2) A subpoena under this subsection shall describe the objects required to be produced and prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.
(3) The production of records relating to a Federal health care offense shall not be required under this section at any place more than 500 miles distant from the place where the subpoena for the production of such records is served. The production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States.
(4) Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
(5) At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court under paragraph (6).
(6)(A) A United State 2 district court for the district in which the summons is or will be served, upon application of the United States, may issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney in order to obtain legal advice) the existence of such summons for a period of up to 90 days.
(B) Such order may be issued on a showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in—
(i) endangerment to the life or physical safety of any person;
(ii) flight to avoid prosecution;
(iii) destruction of or tampering with evidence; or
(iv) intimidation of potential witnesses.
(C) An order under this paragraph may be renewed for additional periods of up to 90 days upon a showing that the circumstances described in subparagraph (B) continue to exist.
(7) A summons issued under this section shall not require the production of anything that would be protected from production under the standards applicable to a subpoena duces tecum issued by a court of the United States.
(8) If no case or proceeding arises from the production of records or other things pursuant to this section within a reasonable time after those records or things are produced, the agency to which those records or things were delivered shall, upon written demand made by the person producing those records or things, return them to that person, except where the production required was only of copies rather than originals.
(9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii) may require production as soon as possible, but in no event less than 24 hours after service of the subpoena.
(10) As soon as practicable following the issuance of a subpoena under paragraph (1)(A)(ii), the Secretary of the Treasury shall notify the Attorney General of its issuance.
(b)
(c)
(d)
(e)
(2) In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services.
(3) Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.
(Added Pub. L. 104–191, title II, §248(a), Aug. 21, 1996, 110 Stat. 2018; amended Pub. L. 105–277, div. A, §101(b) [title I, §122], Oct. 21, 1998, 112 Stat. 2681–50, 2681–72; Pub. L. 105–314, title VI, §606(a)(1), Oct. 30, 1998, 112 Stat. 2984; Pub. L. 106–544, §5(a), (b)(1), (c), Dec. 19, 2000, 114 Stat. 2716, 2718; Pub. L. 108–21, title V, §509, Apr. 30, 2003, 117 Stat. 684; Pub. L. 110–457, title II, §224(b), Dec. 23, 2008, 122 Stat. 5072.)
Prior ProvisionsA prior section 3486, acts June 25, 1948, ch. 645, 62 Stat. 833; Aug. 20, 1954, ch. 769, §1, 68 Stat. 745; Aug. 28, 1965, Pub. L. 89–141, §2, 79 Stat. 581, set forth procedure for granting of immunity to witnesses compelled to testify or produce evidence in course of any Congressional investigation, or case or proceeding before any grand jury or court of the United States, involving interference with or endangering of national security or defense of the United States, prior to repeal by Pub. L. 91–452, title II, §228(a), Oct. 15, 1970, 84 Stat. 930, effective on sixtieth day following Oct. 15, 1970. See section 6001 et seq. of this title.
Amendments2008—Subsec. (a)(1)(D). Pub. L. 110–457 inserted “1591,” after “1201,”.
2003—Subsec. (a)(1)(C)(i). Pub. L. 108–21 substituted “the information specified in section 2703(c)(2)” for “the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized”.
2000—Pub. L. 106–544, §5(b)(1), struck out “in Federal health care investigations” after “subpoenas” in section catchline.
Subsec. (a)(1). Pub. L. 106–544, §5(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In any investigation relating to any act or activity involving a Federal health care offense, or any act or activity involving a Federal offense relating to the sexual exploitation or other abuse of children, the Attorney General or the Attorney General's designee may issue in writing and cause to be served a subpoena—
“(A) requiring the production of any records (including any books, papers, documents, electronic media, or other objects or tangible things), which may be relevant to an authorized law enforcement inquiry, that a person or legal entity may possess or have care, custody, or control; or
“(B) requiring a custodian of records to give testimony concerning the production and authentication of such records.”
Subsec. (a)(3). Pub. L. 106–544, §5(a)(2), inserted “relating to a Federal health care offense” after “production of records” and inserted at end “The production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States.”
Subsec. (a)(4). Pub. L. 106–544, §5(c)(1), substituted “subpoenaed” for “summoned”.
Subsec. (a)(5) to (10). Pub. L. 106–544, §5(a)(3), added pars. (5) to (10).
Subsec. (d). Pub. L. 106–544, §5(c)(2), substituted “subpoena” for “summons” in two places.
1998—Pub. L. 105–314 substituted “Administrative subpoenas in Federal health care investigations” for “Authorized investigative demand procedures” in section catchline.
Subsec. (a)(1). Pub. L. 105–277 inserted “or any act or activity involving a Federal offense relating to the sexual exploitation or other abuse of children,” after “health care offense,” in introductory provisions.
Transfer of FunctionsFor transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. Probably should be section “3056(a),”.
2 So in original.
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